PRACTICE AREAS

SEPARATION & DIVORCE

Negotiated Settlements, Mediation Assisted Settlements, Court Process, Property Division, Pension Division, Matrimonial Home

The breakdown of a relationship can be a very challenging time for everyone involved. Often emotions are running high and navigating through to resolution can feel overwhelming.

I can help you understand your rights and obligations in separation and assist you in choosing the right path to resolution. Whether that be negotiating a separation agreement, attending mediation or seeking guidance from the Court. My goal is to assist you in navigating through your separation as quickly and painlessly as possible so you can carry on with your life.

I can also assist those who are seeking only a divorce, meaning they have been separated for some time, generally already have a separation agreement, and are looking for a "simple divorce".

PARENTING TIME & DECISION MAKING

One of the biggest concerns parties with children have when separating is how to determine parenting issues post separation.

Parenting involves two main issues in separation: (1) how will major decisions be made for the child(ren) and (2) when does each parent spend time with the child(ren)?

Settling matters as they relate to the parties child(ren) are often the most emotionally charged and difficult issues to be resolved for many reasons. However, preserving the health and well being of the child(ren) in separation is of utmost importance to me and we will work together to determine what is in the child(ren)'s best interests.

Family Law Issues as they relate to your Children (custody & access)

SUPPORT ISSUES

Child and Spousal Support

For parties with children, child support is an important issue to manage. Although, child support is set by the Child Support Guidelines, there are factors that influence the amount payable and by whom support is payable.

Spousal support is generally paid by the higher earning spouse to the lower earning spouse for a period of time. However, the spouse seeking spousal support must first determine entitlement to support before quantum and duration of support can be determined. Spousal support is a complex issue that can be affected by many other factors in the parties individual circumstances.

I can assist you in resolving any support issues that may apply to your circumstances and ensure that you understand how support may change going forward.

DOMESTIC AGREEMENTS

Cohabitation Agreements and Marriage Contracts

A cohabitation agreement is an agreement between two people that intend to live together or are already living together.

A marriage contract (or prenuptial agreement) is a contract between two people that intend to marry or, in some cases, have already married.

Both agreements are used to set out the parties rights and obligations to each other during cohabitation or marriage with respect to property and support.

There are significant legal consequences to both agreements and should only be prepared and entered into with the assistance of an experienced family lawyer.

INDEPENDANT LEGAL ADVICE

Prior to signing any contract, namely a cohabitation agreement, marriage contract or separation agreement, it is highly recommended that each party obtain independent legal advice.

It is important to remember that just because one party hired a lawyer to draft an agreement that agreement is not necessarily in the best interests of both parties. Each lawyer is advocating for their respective client.

Therefore, obtaining independent legal advice provides you with the opportunity to sit with your own lawyer and review the agreement to ensure that you understand all of your rights and obligations under the contract. Ultimately you want to ensure that it is fair and in your best interests.